Anyone from Louisiana?

Started by Graybeard, October 24 2019 09:00:28 AM MDT

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Graybeard

I may be traveling to New Orleans fairly soon. My concealed carry permit is recognized there. I need a little help understanding how this is interpreted:

"Any portion of the permitted area of an establishment that has been granted a Class A-General retail permit, as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, to sell alcoholic beverages for consumption on the premises."

Does this mean no carry in bars/taverns, or does it also include restaurants that sell alcohol, casinos, etc?

Thanks

sqlbullet

The_Shadow is from L'isiana....

And as they say, "The Shadow knows!"

Graybeard

I was hoping to hear from him :D I don't usually shop for legal opinions on the internet, but I'm pretty sure Shadow knows the story on this.

My state, Michigan, has equally stupid language on this. Something like, if the establishment makes more than 50% of it's revenue on alcohol sales by the glass, no concealed carry. Interestingly, a Michigan Concealed Pistol License allows one to legally open carry in all prohibited areas, except federal buildings.

The_Shadow

#3
Yes, no carry in bars or in the bar portion of a restaurant.  Louisiana also had a similar law...

http://lsp.org/pdf/chRuleBook.pdf

QuoteClass "A" General Retail Permit Location

LRS 26:271.2 (1) §271.2.  Class A permit; definitions

The commissioner shall issue the following four types of Class A retail permits for beverages of low alcoholic content:

(1)  Class A-General:

(a)  A Class A-General retail permit shall be issued only to a retail outlet where beverage alcohol is sold on the premises for consumption on the premises by paying customers.  Such an establishment must be equipped with a backbar or similar equipment for public display and to inform the public of brands and flavors offered for sale.

(b)  A Class A-General retail establishment shall be staffed by a bartender whose primary duty is to open and/or prepare beverage alcohol products for consumption on the premises by paying customers, or prepared with an appropriate lid or cover on the container for take out service.  Such an establishment must meet all state and local zoning requirements as set forth by the state and by parishes and municipalities where a Class A-General retail outlet is located.

(c)  Repealed by Acts 1995, No. 1016, §2.

(d)  A Class A-General retail permit shall be issued only to an establishment where the state law provides that no person under the age of eighteen years is allowed on the premises except as provided in R.S. 26:90(A)(8)(a).

(e)  Notwithstanding the provisions of Subparagraphs (a) through (d) of this Paragraph the commissioner may issue a Class A-General retail permit for beverages of low alcoholic content to a bona fide commercial film theater which had a retailers, Class A permit for beverages of low alcoholic content on January 1, 1994.

(f)  Notwithstanding the provisions of Subparagraphs (a) through (e) of this Paragraph, the commissioner may issue a Class A-General retail permit for beverages of low alcoholic content to any retail establishment for consumption of beverages of low alcoholic content on or off the premises.  Such establishment must meet all state and local zoning requirements as set forth by the state and by parishes and municipalities where the retail outlet is located.  A Class A-General retail permit for beverages of low alcoholic content issued pursuant to the authority


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granted by this Subparagraph shall not be deemed or qualify as a prerequisite for the issuance of any other type license or permit issued by the state or any political subdivision thereof.

(g)  The licensed premises of a Class A-General retail permit shall be able to accommodate a minimum of twenty-five patrons and contain no less than three hundred seventyfive square feet of public habitable floor area.

(h)  The commissioner shall promulgate rules regarding requirements related to the number and location of public restrooms to be used in conjunction with the licensed premises of each Class A-General retail permit.

(i)  Any Class A-General retail permit application submitted prior to September 1, 2001, shall not be required to meet the qualifications set forth in Subparagraph (g) of this Paragraph. Acts 1994, 3rd Ex. Sess., No. 63, §1, eff. July 7, 1994; Acts 1994, 3rd Ex. Sess., No. 130, §1, eff. July 7, 1994; Acts 1995, No. 1016, §2; Acts 1997, No. 378, §1; Acts 2001, No. 214, §1; Acts 2001, No. 1188, §1, eff. June 29, 2001; Acts 2006, No. 469, §1; Acts 2006, No. 803, §1; Acts 2010, No. 953, §1, eff. July 2, 2010.
The "10mm" I'm Packin', Has The Bullets Wackin', Smakin' & The Slide is Rackin' & Jackin'!
NRA Life Member
Southeast, LoUiSiAna

Graybeard

Thanks Shadow, I appreciate the clarification. I wasn't planning on hanging out in any bars, but didn't want to have an issue in restaurants.

Was it Louisiana that passed a law, a few years back, making it legal for anyone to shoot a carjacker in the act? Or, am I thinking of the wrong state? Not planning on shooting a carjacker. I just remember some hoopla about it.

The_Shadow

Yes you can under certain circumstances, you first and far most have to have genuine fear for your life or the lives of those with you, they do consider you car an extension of your home...
Just understand that just cause can be difficult in any law proceedings!  You can still be sued for any self defense incident but that is just the nature of the system...

None of the Casinos allow open or conceal carry, some even have metal detection wans with the guards at the entrances...
The "10mm" I'm Packin', Has The Bullets Wackin', Smakin' & The Slide is Rackin' & Jackin'!
NRA Life Member
Southeast, LoUiSiAna

Graybeard

Basically, casinos here are that way, too. Concealed carry not allowed by law, open carry not allowed by casino.

I'm not going to hang out in bars or casinos. Historic buildings and a swamp tour/wildlife are more my speed.

Thanks again for the clarifications.

The_Shadow

There are many Swamp Tours, the Honey Island Swamp Tours are the closest to me... https://www.honeyislandswamp.com/
Be careful in New Orleans itself, stay in groups and head on a swivel as you observe your surroundings!
Hope you have an enjoyable trip!
The "10mm" I'm Packin', Has The Bullets Wackin', Smakin' & The Slide is Rackin' & Jackin'!
NRA Life Member
Southeast, LoUiSiAna

Graybeard

Thanks for the tips.

Fortunately, or unfortunately, living a couple of blocks from Detroit and working there for years has left me with few surprises in other cities. I can't tell you how many times I've been offered advice about where not to go by nice hotel clerks/cab drivers/etc. Then they ask where we're from. Once we say Detroit, the next response is always the same. "You'll be fine." :) I have literally heard those exact works at least 100 times. I still appreciate the advice.